Attorney Peter Casciano worked with a former Frederick City police officer to obtain a line of duty disability retirement benefits from a plan administered by the city government where she worked. Mr. Casciano could draw on his vast experience working with public employees across the State of Maryland to prove that the individual was unable to work due to her medical condition. Additionally, by proving that the inability to work was related to an injury obtained in the line of duty, Mr. Casciano helped the client obtain a significantly higher value benefit. It is always especially satisfying to help our local government front-line workers!
Peter Casciano successfully obtained a federal disability retirement annuity approval at the United States Merit Systems Protection Board stage. Before the hearing took place, but after the Complaint was filed at the MSPB, Peter was able to convince the Office of Personnel Management to rescind it’s prior denials and issue an award of benefits. Prior to hiring Andalman & Flynn, the claimant had been fighting for years for an approval from OPM. Through sound legal argument and thoughtful presentation of the medical evidence, we were able to convince OPM to approve the case without having to go through the cost and stress of an MSPB hearing!
When we believe our client is right, we keep fighting. In this case our client was a federal employee who resigned his skilled job primarily because of pain from a combination of medical problems, none of which was dramatic in and of itself. OPM, the Office of Personnel Management, denied the claim on initial application based on the clinical records submitted by our client before he had legal representation. After he filed for reconsideration, he hired our firm. We obtained a report from his treating physician which addressed the questions OPM wants answered and requested an award.
Instead of issuing a decision on the merits, OPM dismissed the appeal, which it claimed our client had not timely received. We had to appeal to the MSPB, Merit System Protection Board and won reinstatement of the claim based on the Sworn Statements we obtained which established that our client had timely filed and that OPM must have lost his Request for Reconsideration. Next OPM again denied the application on its merits, so we again appealed to MSPB. At that point OPM assigned a new representative to handle the matter and that representative determined that we were correct and the application should be awarded. Our client is going to receive well over $100,000.00 in back benefits alone.
Successful Rheumatoid Arthritis Application for Department of Defense Employee
Attorney Michelle Prikhodko successfully obtained a federal disability retirement annuity on initial application for a Department of Defense employee who was unable to work due to her debilitating medical conditions which included Rheumatoid Arthritis, Sjogren’s Syndrome, and Chronic Fatigue Syndrome. Attorney Prikhodko was able to gather significant evidence of disability despite the fact that the claimant was stationed overseas in a non-English speaking country.
Successful Sleep Disorder and Depression Application for Department of Justice Employee.
Attorney Michelle Prikhodko successfully obtained a federal disability retirement annuity on reconsideration for a Department of Justice Legal Assistant who was unable to perform her job duties as a result of a sleep disorder and depression. The claimant had initially applied without the assistance of counsel and was denied a disability retirement. She then retained Andalman & Flynn to assist her on reconsideration. The claimant’s Agency attempted to remove the claimant as a result of her excessive absences, but Attorney Prikhodko fought the removal attempt and the claimant was ultimately retired on disability.
Successful Expedited Application for FERS Disability Retirement Benefits for Client with Breast Cancer
Attorney Michelle Amick Prikhodko successfully obtained a federal disability retirement annuity on expedited initial application for a federal employee who worked for the Naval Research Center as a Program Analyst. The annuitant suffered from metastatic breast cancer, Multiple Sclerosis and Bipolar Disorder. The claim was expedited as a result of the claimant’s Stage IV breast cancer for which she was undergoing chemotherapy.
Successful Application for FERS Disability Retirement Benefits for U.S. Attorney with Chronic Back Pain
Represented by Attorneys Elliott Andalman and Michelle Amick Prikhodko, a former U.S. Attorney from the Department of Justice was awarded a FERS Disability Retirement as a result of his chronic back and joint pain, herniated discs and myofascial pain.
Award of disability retirement annuity on reconsideration for Department of Defense employee
Attorneys Elliott Andalman and Michelle Amick Prikhodko successfully obtained a federal disability retirement annuity on reconsideration for a federal employee who worked for the Department of Defense as a Secretary. The annuitant suffered from severe mental illness, including Bipolar Disorder and Depression that prevented her from performing the duties of her position.
Successful Application for FERS Disability Retirement Benefits for Department of Veterans Affairs Employee
Represented by Attorney Michelle Amick Prikhodko, a client suffering from Post Traumatic Stress Disorder (PTSD) was awarded a FERS Disability Retirement as a result of his chronic mental illness.
Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on initial application for a federal employee who worked for the United States Postal Service (USPS) as a Senior Public Relations Representative. The annuitant suffered primarily from fibromyalgia, chronic fatigue syndrome and myofascial pain syndrome.
The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity at the MSPB level after a one half day hearing before an Administrative Judge (AJ) for a federal employee who worked for the Department of Veterans Affairs (DVA) as a Human Resources Specialist. The annuitant suffered emotional impairments. The annuitant voluntarily resigned from federal service. This case was made more difficult because the annuitant did not disclose the real reason for annuitant’s absences and resignation to the Agency. Annuitant sought our assistance when annuitant was unable to get the application approved. OPM denied the initial application and on request for reconsideration. Therefore, we appealed to the MSPB. We conducted a one-half day hearing in which two doctors testified as well as the annuitant and the spouse of the annuitant. Following the hearing the AJ issued a fully favorable decision reversing OPM’s denial of the application.
Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on appeal to the Merit Systems Protection Board (MSPB) for a federal employee who worked for the Department of Interior (DOI) as a Senior Equal Employment Opportunity Counselor. The annuitant suffered emotional impairments including major depression. Without legal counsel, annuitant filed for a federal disability retirement annuity, which was denied on initial application and again on reconsideration. Annuitant then sought our assistance for filing an appeal to the MSPB. Attorney Andalman obtained additional medical documentation and convinced OPM to grant annuitant’s application for a federal disability annuity without the necessity of a hearing.
The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity on initial application for a federal employee who worked for the U.S. Food and Drug Administration (FDA) as a Technical Information Specialist. The annuitant suffered primarily from multiple sclerosis. This case became more difficult because the agency offered the annuitant an accommodation to work from home 4 days a week. We collected medical evidence to support that the annuitant was unable to perform the job even with this accommodation. During the processing of this application, we also assisted the annuitant to obtain from the FDA, a removal from federal service due to medical inability to perform the essential duties of the job.
Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on initial application for a federal employee who worked for the Library of Congress. The annuitant suffered from emotional problems. Annuitant filed an application for a disability retirement annuity with the agency, which the agency refused to process due to insufficient medical evidence. After months of trying to get the agency to process the application, the annuitant contacted us for representation. We collected additional medical documentation and put together a new application for a federal disability retirement annuity. This time, the application was accepted, processed, forwarded to OPM and approved on initial application. We also represented this annuitant on an application for Social Security Disability benefits, which we won.
Andalman & Flynn Law Firm successfully obtained a federal disability retirement annuity on reconsideration for a federal employee who worked for the Department of Veterans Affairs (DVA) as a Supply Technician. The annuitant suffered from orthopedic conditions including arthritis of the feet. Annuitant’s application for a disability retirement annuity was denied on initial application and the annuitant filed a request for reconsideration. Three days before the deadline to submit additional medical documentation, the annuitant contacted us for representation. We entered our appearance, requested an extension of time and collected documentation in support of the annuitant’s appeal including that the annuitant was: (1) removed from federal service due to medical inability to perform useful and efficient federal service; (2) a disabled veteran assigned a disability rating of 100%; and (3) awarded Social Security Disability benefits. In light of our submission, OPM granted the annuitant’s application on reconsideration.
The Law Firm of Andalman & Flynn and Elliott Andalman, successfully obtained a federal disability retirement annuity on reconsideration for a federal employee who worked for United States Postal Service (USPS) as a Customer Service Supervisor. The annuitant suffered from emotional impairments including major depression and PTSD. Without legal counsel, the annuitant filed a claim, which was denied on initial application and again on reconsideration. Annuitant sought our assistance to file an appeal with the MSPB. We timely filed the MSPB appeal. However, after determining that there was not time to gather necessary medical evaluation and that the annuitant retained the right to file a new application, we withdrew the appeal and filed a new application with OPM. During the processing of the new application, the agency issued a demand for the annuitant to return to duty immediately or be placed in an AWOL status and face possible removal for cause. In response, we submitted medical documentation and legal argument to the agency that resulted in the Agency removing the annuitant due to medical inability to perform the essential functions of the position. OPM approved the new application.
Attorney Elliott Andalman successfully obtained a federal disability retirement annuity on initial application for a United States Postal Service (USPS) Mail Processor who had resigned due to medical conditions. The annuitant suffered from several medical conditions including irritable bowel syndrome (IBS) and back problems. This was a difficult case because of a lack of treatment and shortage of medical documentation prior to resignation. However, Andalman & Flynn was able to overcome these hurdles, in part, by documenting both (1) an unsuccessful work attempt after the resignation and (2) that the annuitant tried to go back to work for the USPS, but was refused medical clearance.
The Law Firm of Andalman & Flynn successfully obtained a federal disability retirement annuity at the MSPB level for a federal employee who worked for Department of Defense (DOD) as a Cost Analyst. The annuitant suffered from severe emotional impairments including depression and PTSD. Without legal representation the annuitant filed a claim, which was denied on initial application and again on reconsideration. Annuitant sought our legal assistance to file an appeal with the MSPB. During the processing of this MSPB appeal, DOD issued a notice of proposed removal due to AWOL and failure to follow proper leave procedures. Attorney Elliott Andalman successfully fought the removal for cause. He submitted evidence and argument that convinced the Agency to remove the annuitant for medical inability to perform the essential functions of the position. Attorney Andalman was also able to strengthen the annuitant’s disability retirement case by obtaining additional medical evaluation and testing. We were able to convince OPM to change its position and approve annuitant’s application without the necessity of a trial at the MSPB.
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